Tribal courts have long held authority over family law matters involving their citizens, including cases of divorce. In 2008, Robert William Tix, a member of the Prairie Island Mdewakanton Dakota Indian Community, and Kristin Ann Tix (now known as McGowan) married and had three children who are Tribal citizens. The family primarily relied on Prairie Island Tribal resources.
In 2022, both Tix and McGowan filed for divorce in different jurisdictions—Tix in the Prairie Island Tribal court and McGowan in Minnesota state court. McGowan argued that because she is not a member of the Prairie Island Tribe, the Tribal court did not have jurisdiction over her. However, multiple courts rejected this claim.
The Minnesota state court ruled that the Tribal court was the appropriate forum to resolve the divorce. Both the Tribal trial court and its appellate division agreed with this decision. When McGowan challenged these rulings at the federal level, the U.S. District Court for the District of Minnesota also found that the Prairie Island Tribal court had jurisdiction over the couple’s divorce proceedings. These decisions cited established legal precedent recognizing Tribal courts’ authority over domestic matters involving their members, especially when issues such as distribution of Tribal resources and custody of Tribal children are involved.
Despite losing in four consecutive courts, McGowan has now appealed to the U.S. Court of Appeals for the Eighth Circuit. Her appeal questions existing law on Tribal sovereignty and could have broader implications for Tribes and Native families within the Eighth Circuit region.
“The Native American Rights Fund and co-counsel Messerli Kramer, PA, represent Tix in the Eighth Circuit as he defends Tribal jurisdiction. NARF has briefed the court on the well-established precedent affirming Tribal court jurisdiction in the family law context.”
For more information about efforts to defend Tribal court jurisdiction, further details can be found online.
